Prior art

To identify the most relevant prior art for US patent 9750267, I will examine the patent's cited references. The patent itself lists several U.S. Patents and U.S. Patent Publication Nos. in its Background section. Under 35 U.S.C. § 102, a claimed invention is not novel if it was patented, described in a printed publication, or in public use, on sale, or otherwise available to the public before the effective filing date of the claimed invention. For the purpose of anticipation, a single prior art reference must disclose every element of the claimed invention.

Here are some of the patent citations listed in US9750267, along with their publication/filing dates, a brief description, and potential claims they might anticipate:

U.S. Patents Cited in US9750267:

• US5968569A:
  • Full Citation: US5968569A - Pet food product containing probiotics.
  • Publication Date: October 19, 1999.
  • Description: This patent describes a pet food product containing probiotics. While not a human fruit snack, it broadly covers the concept of incorporating probiotics into a food product.
  • Potential Anticipated Claims: This could potentially anticipate aspects of claims 20, 36, and 57 related to a "food product" containing "probiotic cultures" if the elements of those claims (e.g., barrier layer, moisture content) are considered generic or well-known in the broader food industry at the time. However, the specific "fruit snack" and layered structure with moisture barrier of US9750267 would likely differentiate it.
• US6375998B1:
  • Full Citation: US6375998B1 - Process for preparing a hand-held snack item.
  • Publication Date: April 23, 2002.
  • Description: This patent describes a process for preparing a hand-held snack item. The details would need to be reviewed to see if the snack item involves heat-sensitive ingredients, layering, or moisture control relevant to US9750267.
  • Potential Anticipated Claims: If this patent discloses a process of combining ingredients, cooking a center, and applying layers for a snack, it could potentially anticipate broad aspects of process claims 1, 36, or 44, depending on the specific details of the layers and components.
• US6723358B1:
  • Full Citation: US6723358B1 - Encapsulation of components into edible products.
  • Publication Date: April 20, 2004.
  • Description: This patent focuses on the encapsulation of components into edible products. Encapsulation can be a method to protect sensitive ingredients.
  • Potential Anticipated Claims: This could be relevant to how "probiotic cultures" (heat-sensitive components) are incorporated into the "outer layer" in US9750267 (claims 1, 20, 36, 44, 57). While US9750267's method of cooling the center is a primary protection, encapsulation is another method and might anticipate if encapsulation is implicitly or explicitly covered by US9750267's claims or if the concept of protecting sensitive components in food is challenged.
• US6827957B2:
  • Full Citation: US6827957B2 - Multicomponent pet food or animal food.
  • Publication Date: December 7, 2004.
  • Description: This patent describes a multicomponent pet food or animal food. Similar to US5968569A, it relates to multi-component food products but for pets.
  • Potential Anticipated Claims: Similar to US5968569A, if the general concept of multi-layered food products is considered, this could be broadly relevant to claims 20 and 57. However, the specific elements of a fruit snack for human consumption and the moisture barrier function of US9750267 would be key distinguishing features.
• US6528102B1:
  • Full Citation: US6528102B1 - Fruit snacks with varied center filling.
  • Publication Date: March 4, 2003.
  • Description: This patent describes fruit snacks with varied center fillings. This is directly relevant to "fruit snacks" and "centers" as claimed in US9750267.
  • Potential Anticipated Claims: This patent could potentially anticipate elements of claims 1, 20, 36, 44, and 57, especially regarding the "center" of a "fruit snack" and its composition. The novelty of US9750267 would then depend on the specific barrier layer, outer layer, probiotic inclusion, and cooling steps. For example, if it teaches a fruit snack center with substantial moisture (claims 1, 20, 36, 57) or a fruit puree/juice center (claims 2, 21, 37, 52, 65), these aspects might be anticipated.
• US6676982B2:
  • Full Citation: US6676982B2 - Nutritional food bar for sustained energy.
  • Publication Date: January 13, 2004.
  • Description: This patent describes a nutritional food bar. While a food bar, it is a human food product.
  • Potential Anticipated Claims: If this patent discloses a multi-layered nutritional bar with moisture control or heat-sensitive ingredients, it could potentially anticipate aspects of US9750267's claims, particularly those related to the general structure of a food product with different layers and functional components.

U.S. Patent Publications Cited in US9750267:

• US20070110844A1:
  • Full Citation: US20070110844A1 - Reduced sweetness confectionary compositions and coated/filled food products.
  • Publication Date: May 17, 2007.
  • Description: This publication describes confectionery compositions and coated/filled food products, potentially with features relevant to the structure and composition of the fruit snack of US9750267.
  • Potential Anticipated Claims: This could be relevant to the general concept of a multi-layered food product, particularly if it discusses coating or filling and moisture control in confectionery products (claims 1, 20, 36, 44, 57).
• US20080102163A1:
  • Full Citation: US20080102163A1 - Cultures Encapsulated With Chocolate Food Products Coated With Chocolate And Method Of Preparation.
  • Publication Date: May 1, 2008.
  • Description: This publication describes food products coated with chocolate, where cultures (e.g., probiotics) are encapsulated, and methods of preparation. This is highly relevant as it explicitly discusses encapsulated cultures and coated food products.
  • Potential Anticipated Claims: This could potentially anticipate claims related to applying an outer layer containing probiotic cultures, especially if the outer layer is chocolate (claim 19, 35, 47, 60), and the protection of those cultures. The concept of applying an outer layer with heat-sensitive components (claim 44, 57) that are protected could be anticipated. The specific details of the barrier layer and cooling process in US9750267 would be key to distinguishing it.
• US20080026108A1:
  • Full Citation: US20080026108A1 - Encapsulated Labile Compound Compositions and Methods of Making the Same.
  • Publication Date: January 31, 2008.
  • Description: This publication details encapsulated labile (sensitive) compound compositions and methods of making them. This is very similar to US6723358B1 but is a later publication.
  • Potential Anticipated Claims: Similar to US6723358B1, this could anticipate aspects of protecting heat-sensitive components (probiotics) within a food product, particularly in the outer layer (claims 1, 20, 36, 44, 57).
• US20060110493A1:
  • Full Citation: US20060110493A1 - Snack having a soft edible layer and method of making.
  • Publication Date: May 25, 2006.
  • Description: This publication describes a snack with a soft edible layer and its manufacturing method. This relates to layered snack products.
  • Potential Anticipated Claims: This could anticipate features of the multi-layered food product (claims 20, 57) and the manufacturing process (claims 1, 36, 44), particularly if the soft edible layer functions similarly to the center or outer layer of US9750267.
• US20060134285A1:
  • Full Citation: US20060134285A1 - Method of making a shelf stable edible snack having an outer dough layer.
  • Publication Date: June 22, 2006.
  • Description: This publication describes a method of making a shelf-stable edible snack with an outer dough layer. Shelf stability and outer layers are relevant.
  • Potential Anticipated Claims: This could potentially anticipate aspects of manufacturing a shelf-stable food product (claims 1, 36, 44) and the application of an outer layer (claims 1, 36, 44). The specific nature of the dough layer and whether it contains heat-sensitive components or acts as a moisture barrier would be important for anticipation.
• US20070148324A1:
  • Full Citation: US20070148324A1 - Dressed or Multi-Layer High Protein Food Bars Comprising Sugar Alcohols and Having Improved Texture and Shelf-Life.
  • Publication Date: June 28, 2007.
  • Description: This publication describes multi-layer high protein food bars with improved texture and shelf-life. This is another example of a multi-layered, shelf-stable food product.
  • Potential Anticipated Claims: This could anticipate aspects of the food product structure (claims 20, 57) and the desire for shelf-stable products, potentially touching upon the barrier layer's function if moisture migration is addressed for shelf-life (claims 1, 20, 36, 44, 57).
• US20070231450A1:
  • Full Citation: US20070231450A1 - Protein system and food products including same.
  • Publication Date: October 4, 2007.
  • Description: This publication describes a protein system and food products including it.
  • Potential Anticipated Claims: This publication could broadly relate to the composition of food products. If it details a multi-layered food product where protein is used in a manner that could function as a barrier or be part of a center or outer layer, it might anticipate general aspects of US9750267's claims.

It is important to note that for a reference to "anticipate" a claim under 35 U.S.C. § 102, it must disclose every single element of that claim, arranged as claimed, prior to the effective filing date of US9750267 (October 24, 2007, based on its priority claim to U.S. Provisional Patent Application No. 60/982,190). The analysis above provides an initial assessment of potential relevance. A full invalidity analysis would require a detailed element-by-element comparison of each claim of US9750267 against the full disclosure of each prior art reference.